Common use of ARTICLE LAYOFF AND RECALL Clause in Contracts

ARTICLE LAYOFF AND RECALL. (a) The Employer shall, unless there is an emergency, give the Alliance and the affected Employee ninety (90) days’ written notice prior to the effective date of any layoff and the Employer agrees to meet with the Alliance to discuss alternatives to the layoff including redeployment, attrition and training for anticipated vacancies. The Employee with the least seniority shall be the first to be laid off provided that the next senior Employee retained has the necessary skills, qualifications, abilities, and willingness to perform the work available. Subject to Article Employees on layoff possessing the necessary skills, qualification, abilities, and willingness to perform the work available, shall have a right of recall for positions which become available, during the layoff, in reverse order of layoff. In determining the ability of the Employee to perform the work, the Employer shall not act in an arbitrary or unfair manner. The right of recall shall cease twelve (12) months after the date of layoff, and the Employee shall lose all seniority and be deemed terminated. The Employer shall not pay any portion of the cost of an Employee’s benefits, including pension contributions, the month in which the Employee is laid off, provided that, subject to the conditions and the availability of the insurance benefits the Employee may seek to arrange to have his or her benefits continued solely at the Employee’s expense until recall or until the expiry of the period referred to in Article whichever first occurs. Where an Employee is to be recalled, he, or she shall be informed of the recall by written notice. A notice sent to the last known address of the Employee as shown on the records of the Employer shall be deemed to be sufficient notice. It is the responsibility of each Employee on layoff to keep the Employer informed of his or her current address. An Employee receiving recall notice shall advise the Employer, in writing, within ten

ARTICLE LAYOFF AND RECALL. (a) The Employer shall, unless there is an emergency, give the Alliance and the affected Employee ninety (90) days’ written notice prior to the effective date of any layoff and the Employer agrees to meet with the Alliance to discuss alternatives to the layoff including redeployment, attrition and training for anticipated vacancies. The Employee with the least seniority shall be the first to be laid off provided that the next senior Employee retained has the necessary skills, qualifications, abilities, and willingness to perform the work available. Subject to Article Employees on layoff possessing the necessary skills, qualification, abilities, and willingness to perform the work available, shall have a right of recall for positions which become available, during the layoff, in reverse order of layoff. In determining the ability of the Employee to perform the work, the Employer shall not act in an arbitrary or unfair manner. The right of recall shall cease twelve (12) months after the date of layoff, and the Employee shall lose all seniority and be deemed terminated. The Employer shall not pay any portion of the cost of an Employee’s benefits, including pension contributions, after the month in which the Employee is laid off, provided that, subject to the conditions and the availability of the insurance benefits the Employee may seek to arrange to have his or her benefits continued solely at the Employee’s expense until recall or until the expiry of the period referred to in Article whichever first occurs. Where an Employee is to be recalled, he, or she shall be informed of the recall by written notice. A notice sent to the last known address of the Employee as shown on the records of the Employer shall be deemed to be sufficient notice. It is the responsibility of each Employee on layoff to keep the Employer informed of his or her current address. An Employee receiving recall notice shall advise the Employer, in writing, within tenten (10) days of the recall, notice that he or she accepts the recall, and will commence employment at the date and place specified in the notice. Upon expiration, ten (10) days following the date of such recall notice, any and all employment and recall rights of an Employee shall terminate where the Employee has not provided written acceptance of the recall. Other than the right of recall, and the benefits provided in this Article, during the period of layoff, an Employee on layoff shall not be entitled to any of the benefits in this Agreement. If an Employee has received a layoff notice and possesses the necessary skill, qualifications, abilities and a willingness to perform the work and is senior to another Civilian Employee who is in the Bargaining Unit, then that Employee shall be entitled to bump the more junior Employee and assume the junior Employee’s position at the same rate of pay earned by the junior Employee. Provided, however, that if the position is located at another Divisional Detachment or Administrative Headquarters then the Employee exercising this privilege shall have fifteen (15) days to notify the Police Chief in writing of wish to exercise such bumping privilege and the Employee shall be personally responsible for all associated moving and living costs without reimbursement from the Employer. Any written notice received by the Employer more than (15) days after the layoff notice shall be of no force and effect.